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Compendium of U.S. Copyright Office Practices, Third Edition

against copying could be considered publication, whereas if the exhibition was not open to the public or restrictions on copying were imposed, a general publication is not deemed to have occurred. Letter Edged in Black Press, Inc. v. Public Building Commission of Chicago, 320 F. Supp. 1303, 1311 [N.D. 111. 1970); William. A. Meier Glass v. Anchor Hocking Glass Corp., 95 F. Supp. 264, 268 (W.D. Pa 1951). For renewal registration purposes, when there is virtually no doubt based on information provided to the U.S. Copyright Office or available at the time of registration that a general, rather than a limited, publication occurred without the statutory or U.C.C. notice, the Office may refuse registration.

Published collection. For renewal registration purposes, an original publication comprising multiple, distinguishable, and separate works that are assembled into an aggregate whole, for example, a published collection of short stories, poems, photographs, or songs, or a periodical such as a magazine with multiple, independent articles. A published collection may lack overall editing or compilation authorship. If it does contain such authorship, a proprietor which claims the renewal copyright on the basis that the work was made for hire may claim in that authorship, but not in the separate contributions or in the entire collection as a whole. See U.S. Copyright Office, Study No. 31: Renewal of Copyright at 176 [I960). Unitary works such as a novel with chapters, a long poem in sections, a dramatic work with songs, a motion picture, or other works with overarching elements or integral component parts are not published collections.

Recordation. For renewal registration purposes, a process of providing a public record of a document that seeks to amend, amplify, or abandon a registration record or abandon a copyright. The date of recordation was the date when the last necessary element (document and required filing fee) was received. When a document was returned for correction, the date it was received back in corrected form was the date of recordation. When a document was recorded against an original registration record an annotation referring to the recorded document was added to the numbered application and the catalog card(s) covering the entry.

Renewal filing period. The period during which a renewal claim could have been filed during the last year of the original term to extend copyright into the renewal term. For works copyrighted before 1950, it began on the twenty-seventh anniversary of the date when copyright was secured and ended on the twenty-eighth anniversary of that date (or the next succeeding business day). For works copyrighted between 1950 and 1977, it began on December 31st of the twenty-seventh year and ended on December 31st of the twenty-eighth year (or the next succeeding business day). However, when a work was published with an antedated year date in the copyright notice, the renewal filing period began on December 31st of the twenty-seventh year preceding the year date in the copyright notice and ended on December 31st of the twenty-eighth year in the copyright notice. Also, under Section 8 of the Copyright Act of 1909 (revised 1941), the President had the authority to extend time limits for renewal registration for the benefit of citizens of a certain nation by proclamation. Copyright Act of 1909, amended by Pub. L. No. 77-258, § 8, 55 Stat. 732 (1941). In such circumstances, after determining the nationality and domicile of the author or proprietor, the U.S. Copyright Office registered renewal claims within the time specified in the proclamation with an annotation referring to the extension-of-time proclamation.

Chapter 2100 : 82

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Chapter _00 : 82
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